Last Updated: August 3, 2026
Effective Date: August 3, 2026
Welcome to Qingyun TOP API International and its related products and services.
Qingyun TOP API International is currently maintained and operated outside Mainland China through a collaborative team known as the Qingyun TOP API International Team (the "Operating Team," "we," "us," or "Platform"). These Terms of Service (the "Terms") set out the rules applicable between you and the Operating Team when you access or use the Service.
Please read these Terms, our Privacy Policy, pricing rules, Acceptable Use Policy, model descriptions, and any other service-specific rules we publish. Those documents form part of these Terms. If a service-specific rule conflicts with these Terms regarding that service, the service-specific rule will control, except where mandatory law provides otherwise.
Important Notice
- The Service is not offered in Mainland China. An individual who is located in, ordinarily resident in, or accessing the Service from Mainland China, and an organisation established or principally operating in Mainland China, must not register for, purchase, access, or use the Service. Circumvention by VPN, proxy, resale, account sharing, payment on behalf of another person, or any similar method is prohibited.
- The Platform is a technical aggregation, routing, and relay service for third-party artificial-intelligence models and related services. It is not the developer of those models and is not the author of model outputs. Requests are selected and submitted by users; responses are generated by third-party models. The Platform does not approve, endorse, or guarantee either.
- In the ordinary course of providing the Service, the Platform does not persistently store API request bodies or model-response bodies in its business database. Requests nevertheless require transient processing and transmission to third-party providers, and those providers may process or retain data under their own terms. Account, billing, security, and risk-control metadata are not request or response bodies and may be retained under these Terms and the Privacy Policy.
- Technical relay, the absence of active review, or a failure to detect prohibited activity does not constitute permission, approval, or a representation that any content or use is lawful. You remain independently responsible for your account, requests, inputs, outputs, and use of results.
By clicking to accept, registering, adding funds, calling an API, or otherwise using the Service, you acknowledge that you have read and accepted these Terms. If you do not agree, or if you are not eligible to use the Service, you must immediately stop accessing and using it.
1. The Service and the Platform's Role
1.1 Scope of the Service
We may provide websites, dashboards, APIs, SDKs, documentation, and other tools relating to access, use, management, and billing of artificial-intelligence services, including:
- aggregation, routing, and technical relay of third-party model APIs;
- access to multiple models through common authentication and management tools;
- account, balance, usage-summary, billing, and dashboard functions;
- API documentation, integration examples, and limited technical support; and
- other features related to the foregoing.
1.2 Technical Intermediary
The Platform uses third-party model providers, API providers, channel partners, cloud providers, payment providers, and other technical partners to provide unified access. Unless we expressly agree otherwise in writing, the Platform:
- does not develop, train, own, or control third-party models;
- does not choose the substance of user requests;
- does not author, edit, or pre-approve model responses;
- does not guarantee any model's training data, algorithms, moderation rules, or outputs; and
- is not the agent, employee, partner, joint venturer, or co-operator of a user or third-party model provider.
1.3 Team-Based and Independent Operation
The Service's servers, day-to-day management, user-facing service arrangements, and material operational activities are maintained outside Mainland China. The Service is not actively marketed, sold, solicited, or locally operated for users in Mainland China.
Unless the Platform expressly states otherwise in writing, no company, former website, mirror, reseller, dealer, or individual in Mainland China is authorised to represent the Operating Team, accept payment for the Service, or make commitments on the Operating Team's behalf. You bear the risk of dealing with an unauthorised third party, including through account purchases, payment agents, resellers, or shared API credentials.
1.4 Geographic Restrictions
"Mainland China" means the mainland territory of the People's Republic of China and excludes Hong Kong SAR, Macao SAR, and Taiwan. Availability in Hong Kong, Macao, Taiwan, and every other jurisdiction remains subject to local law, third-party policies, sanctions and export controls, and the regions supported by the Platform from time to time.
At registration and whenever you access or use the Service, you represent and warrant that:
- you are not located in or ordinarily resident in Mainland China and are not accessing the Service from Mainland China;
- if you act for an organisation, it is not established or principally operating in Mainland China;
- you will not buy, resell, share, or otherwise make the Service available for any person or organisation in Mainland China; and
- you will not conceal, falsify, or circumvent information about location, IP address, payment source, identity, or place of business.
Internet geolocation and identity checks have technical limitations. A failure by the Platform to identify your true location, or an earlier ability to register, fund an account, sign in, or make a request, does not waive or authorise an exception to these restrictions. If we discover or reasonably suspect ineligibility, we may immediately restrict or terminate access and handle the account and remaining balance under these Terms.
1.5 Changes and Availability
We may add, modify, replace, suspend, restrict, or discontinue any part of the Service because of technology, cost, business needs, third-party changes, law, sanctions, export controls, safety, or risk management. Where reasonably practicable, we will provide notice through the website, dashboard, email, or another appropriate channel. Urgent safety or compliance action may be taken without prior notice.
The Service is provided on an "as is" and "as available" basis. Except for obligations that cannot lawfully be excluded, we do not promise uninterrupted, error-free, secure, timely, or fit-for-purpose operation.
2. Eligibility and Account Management
2.1 Eligibility
The Service is available only to individuals who are at least 18 years old and have legal capacity to contract, and to organisations that are validly established and in good standing. Minors must not register for or use the Service.
If you use the Service on behalf of an organisation, you represent that you have authority to bind it to these Terms.
2.2 Registration Information and Verification
You must provide and maintain truthful, accurate, complete, lawful, and current identity, contact, location, organisation, and payment information. We may request additional information or verification for geographic compliance, fraud prevention, sanctions screening, payment security, or another legitimate purpose.
We may refuse registration, restrict functionality, suspend the Service, or terminate an account where information is false, expired, misappropriated, associated with bulk or abnormal registration, or cannot reasonably be verified.
2.3 Account Use
An account may be used only by the registered individual or authorised personnel of the registered organisation. Without our written permission, you must not sell, rent, lend, transfer, gift, share, sublicense, or otherwise allow a third party to control an account, API key, or credential.
Activity through your account or credentials is treated as your activity unless you establish that it resulted from a security failure caused by the Platform. You are responsible for authorised users, applications, downstream systems, and end users, and must ensure their compliance with these Terms.
2.4 Account Security
You must protect passwords, verification codes, tokens, API keys, access keys, and other credentials, and use reasonable quotas and security controls. You are responsible for usage and charges caused by your inadequate protection, sharing, disclosure, configuration errors, code defects, or internal-management failures.
If you discover unauthorised use or another security incident, promptly disable affected credentials and notify us. We may provide reasonable assistance but do not guarantee recovery of charges or losses already incurred.
2.5 Account Closure
You may request account closure through the available process. We may delay closure or retain necessary records where there is an outstanding balance, dispute, investigation, risk-control measure, refund request, legal process, or retention obligation. Closure does not affect rights, obligations, or liabilities accrued before closure.
3. Lawful and Acceptable Use
3.1 General Obligations
You must comply with all laws, court orders, regulatory requirements, industry rules, Platform policies, and third-party provider policies applicable to you, your business, user content, intended use, and data processing. If requirements conflict, you must comply with the stricter lawful restriction. If simultaneous compliance is impossible, you must stop the affected use.
You must not use or facilitate use of the Service for activity that is unlawful, infringing, fraudulent, abusive, dangerous, or harmful to another person's rights or legitimate interests.
3.2 User Content and Responsibility
"User Content" means text, prompts, instructions, code, images, audio, video, files, data, parameters, links, and other information that you or your end users submit, transmit, process, receive, display, publish, or use through the Service.
You are solely responsible for User Content, request purposes, configuration, selection of outputs, editing, publication, distribution, commercial use, and real-world actions. You represent that you hold all rights, permissions, consents, and lawful bases required to process User Content and that it does not infringe third-party rights.
Where required by applicable law, the rules of a publication platform, or the nature of the content, you must clearly and conspicuously label AI-generated or synthetic content in a manner that is not easily removed. You must not conceal its synthetic nature in order to deceive the public or a particular person.
3.3 Prohibited Content and Conduct
You must not use the Service to carry out, generate, assist, or distribute:
- child sexual exploitation, child sexual abuse material, or content that endangers a minor;
- non-consensual sexual content, sextortion, human trafficking, sexual exploitation, or non-consensual intimate imagery;
- terrorism, violent extremism, hate crime, or a credible threat of violence against a person or group;
- unlawful weapons, explosives, controlled drugs, or activity likely to cause serious real-world harm;
- fraud, money laundering, theft, phishing, impersonation, sham transactions, payment evasion, or other illicit-market activity;
- malware, ransomware, credential theft, unauthorised access, system disruption, or other cyberattacks;
- privacy violations, unlawful surveillance, doxxing, or unlawful processing of personal data;
- defamation, harassment, discrimination, hatred, unlawful pornography, unlawful gambling, or other unlawful harmful content;
- infringement of copyright, trademarks, trade secrets, image or publicity rights, reputation, or other third-party rights;
- deceptive impersonation, undisclosed harmful deepfakes, or manipulation of another person in a material decision;
- cloning or imitation of an identifiable person's voice, face, likeness, biometric characteristics, or identity without valid authorisation;
- bulk generation or coordinated control of content or accounts to fabricate interactions, traffic, popularity, reviews, or public opinion, or tools for astroturfing and coordinated manipulation;
- use of a minor's identity or likeness for deception, bullying, sexualisation, grooming, age-inappropriate material, or other harm to minors;
- activity that violates trade sanctions, export controls, embargoes, restricted-party rules, or geographic restrictions; or
- any other content or activity prohibited by applicable law, these Terms, a service-specific policy, or a third-party model policy.
3.4 High-Risk and Professional Uses
Without appropriate human review, professional judgment, and safeguards, you must not use model output directly for:
- medical diagnosis, treatment, or emergency response;
- legal, tax, financial, securities, investment, or insurance decisions;
- employment, education, housing, credit, justice, law-enforcement, or other decisions materially affecting individual rights;
- critical infrastructure, safety controls, weapons, or situations capable of causing bodily injury.
Model output is not professional advice. You must independently verify it and remain responsible for reliance, decisions, and consequences.
3.5 Circumvention and Technical Abuse
You must not:
- bypass geographic restrictions, sanctions screening, verification, content-safety measures, authentication, rate limits, billing, or risk controls;
- use a VPN, proxy pool, bulk accounts, rotating keys, mirror service, payment agent, or false information to hide location or identity;
- scan, probe, test, attack, reverse engineer, scrape, mirror, or interfere with Platform or third-party systems without authorisation;
- conduct credential stuffing, brute-force attacks, artificial traffic, malicious concurrency, meaningless requests, resource exhaustion, or denial-of-service attacks;
- remove, forge, or alter signatures, logs, identifiers, billing data, or security information; or
- create, spread, or facilitate viruses, trojans, backdoors, worms, or other malicious code.
Good-faith security research is permitted only with our prior written authorisation and within its express scope.
3.6 Resale and Downstream Services
Without our written permission, you must not resell, distribute, sublicense, rent, share, or repackage the Service or operate a mirror, white-label site, aggregator, public proxy, shared-key service, or competing relay service.
Even where resale or integration is authorised, you must not provide the Service to an individual or organisation in Mainland China or permit access from Mainland China. You must apply geographic, content, identity, and security controls to downstream users that are no less protective than these Terms. Downstream use is treated as part of your use of the Service.
3.7 Enforcement
If we discover or reasonably suspect a violation, we may issue a warning, reduce rate limits, block requests, disable credentials, restrict models, freeze an account, terminate service, preserve necessary evidence, or take other lawful action without prior notice. Where legally required, we may cooperate with a competent authority or rights holder, but we will not disclose data merely because of an unsupported request.
The Platform has no general duty to pre-screen or continuously monitor all User Content or determine its legality. A failure to identify, block, or act on content does not make the content compliant or make the Platform its publisher, co-author, or guarantor.
To address serious abuse, a security incident, a billing dispute, or valid legal process, we may preserve the minimum necessary account, request-ID, timestamp, model, metering, IP-address, device, and activity-log evidence. Unless content has been voluntarily submitted by you, lawfully isolated for a specific incident, or expressly required by law, this provision does not mean that the Platform routinely retains API request or response bodies for evidence collection.
4. API Requests, Model Outputs, and Allocation of Responsibility
4.1 Requests Are Controlled by the User
You decide whether to make a request and determine its content, recipient model, frequency, parameters, and purpose. Except for processing necessary for transmission, safety, billing, and troubleshooting, the Platform does not control your requests. You are responsible for requests made through your account and their legal consequences.
4.2 Outputs Are Generated by Third-Party Models
Responses are generated by third-party models and are not authored by the Platform. Outputs may be false, fabricated, incomplete, biased, outdated, repetitive, infringing, offensive, filtered, truncated, delayed, or unavailable. They may be identical or similar to content generated for others.
The Platform does not approve or endorse outputs and makes no guarantee concerning truthfulness, accuracy, completeness, originality, legality, non-infringement, commercial usability, registrability, suitability, or fitness for a particular purpose. You must independently verify an output before using, displaying, distributing, or acting on it.
4.3 Technical Relay Is Not Editorial Participation
Requests and responses pass through the Platform's infrastructure for automated routing, format conversion, authentication, metering, and transmission. This technical processing does not mean that the Platform understands, adopts, publishes, edits, or controls the content, or that it jointly creates content with a user or model provider.
To the fullest extent permitted by law, you are responsible for your requests, third-party model outputs, and your selection, alteration, disclosure, distribution, reliance, and use of outputs. The Platform remains responsible only for its own liability that cannot lawfully be excluded.
4.4 Limited Content-Processing Licence
You grant the Platform a non-exclusive, worldwide, royalty-free licence, limited to the duration and purposes necessary to provide the Service, to automatically transmit, route, reformat, and transiently process User Content and submit it to the third-party provider selected by you or by the Platform's routing logic.
Unless you separately and expressly consent, the Platform will not use API request bodies or model-response bodies to train its own general-purpose model. Whether a third-party provider uses content for safety review, service improvement, or model training is governed by that provider's terms and your selected service configuration. The Platform does not make promises beyond the provider's published commitments.
4.5 Your Records and Backups
The Platform is not a storage, backup, or archival service for User Content. You must retain your own inputs, outputs, business records, invoices, and evidence. You bear the risk of being unable to verify, trace, appeal, reconcile, or assert a claim because you did not preserve necessary information.
5. Data Processing, Non-Persistence, and International Transfers
5.1 Request and Response Bodies
In the ordinary course of the Service, the Platform transiently processes API request bodies and model-response bodies only to perform real-time routing and return a response. It does not routinely persist those bodies as business records in the Platform's database. After a request is completed, the Platform generally does not provide a feature to search, restore, or download those bodies.
"Non-persistence" does not mean that data never passes through Platform systems and does not cover:
- unavoidable temporary copies created by network transmission, load balancing, memory processing, short-lived caching, crash dumps, or security devices;
- content that you voluntarily send through customer support, tickets, email, or dispute channels;
- information temporarily isolated to investigate a security incident, abuse, malfunction, or billing dispute; or
- information that must be preserved under applicable law, a valid order of a competent authority, or a lawful rights-protection requirement.
Where exceptional retention occurs, access will be restricted and the information will be deleted or anonymised after the shortest period necessary for its purpose, unless applicable law requires otherwise.
5.2 Limits of Content Review
Because of service scale, encrypted transmission, automated routing, and technical limitations, the Platform generally does not manually read or determine the meaning, truth, or legality of each request and response and has no general monitoring obligation. The Platform may nevertheless use automated detection, metadata analysis, rate limits, and other reasonable measures for safety, abuse prevention, and legal compliance.
A request being forwarded, a model returning a response, or the absence of a detected violation does not constitute compliance review, permission, certification, or warranty.
5.3 Account, Billing, and Security Metadata
We may retain metadata necessary for accounts, billing, risk control, security, audit, and disputes, including:
- account identifiers, request times, request IDs, models, and endpoints;
- token counts, request counts, response status, error codes, latency, and charges;
- IP addresses, device or browser data, login events, and security events; and
- payments, balances, orders, refunds, invoices, complaints, and support records.
These records are generally retained for six months. They may be retained longer where necessary for tax, payment, sanctions compliance, disputes, security incidents, legal process, or another applicable legal requirement. The Privacy Policy provides further details.
5.4 Third-Party Processing and International Transfers
To complete a request, User Content and necessary technical information are transmitted to third-party model providers, API providers, cloud providers, and other processors. They may be located in different countries and process data under their own terms, privacy policies, and local laws.
You acknowledge that:
- the Service inherently involves disclosure to third parties and may involve international data transfers;
- third-party retention, training use, governmental-access rules, and security standards may differ from those in your jurisdiction;
- the Platform cannot promise on a third party's behalf that the third party will never retain or use data; and
- you are responsible for assessing whether a selected model and provider meet your legal, confidentiality, and industry requirements.
If you cannot accept the relevant third-party processing or international transfer, do not submit data to the Service.
5.5 Sensitive and Restricted Data
Unless the Platform and relevant provider expressly permit it in writing and you have completed all required safeguards, do not submit:
- passwords, private keys, complete payment-card data, or high-risk authentication data;
- state secrets, export-controlled material, or information prohibited from international transfer;
- health records, biometric data, precise location data, children's data, or other sensitive personal data;
- unauthorised personal data, trade secrets, confidential material, or protected third-party content.
If you submit data for another person or organisation, you must provide required notices, obtain consent or another lawful basis, and satisfy any data-transfer agreement, assessment, or security obligation.
5.6 Security
We will use reasonable technical and organisational measures appropriate to the nature and risk of the Service. Internet transmission and third-party systems are not absolutely secure. Except for liability that cannot lawfully be excluded, we do not guarantee that data will never be accessed without authorisation, lost, or disclosed.
6. Pricing, Billing, and Changes
6.1 Billing Basis
Prices, currencies, exchange rates, token calculations, request metering, minimum charges, rounding, plans, discounts, and quotas are governed by the information displayed at purchase or request time. Models and third parties may use different billing methods.
Verifiable Platform and provider metering records are important evidence of usage. Requests caused by network retries, concurrent calls, streaming responses, callbacks, code errors, leaked credentials, or user configuration may still be charged.
6.2 Price Changes
We may change prices, plans, discounts, limits, rate limits, and settlement methods because of provider prices, exchange rates, taxes, costs, market conditions, technology, or legal requirements. New rules apply to purchases and requests made after the published effective time, subject to any mandatory notice requirement.
Continued funding, purchasing, or use after a change takes effect constitutes acceptance. Completed historical orders generally remain subject to the rules in effect at purchase, except for real-time provider billing, obvious errors, or mandatory law.
6.3 Taxes and Payments
Unless expressly stated, prices may exclude taxes, bank charges, payment-provider fees, and currency-conversion costs. You are responsible for amounts lawfully imposed on you. Third-party payment terms also apply when payment services are provided by a third party.
6.4 Billing Disputes
You must review balances and bills promptly. A suspected billing error should be reported within 30 days after the relevant record, together with request IDs, timestamps, and other necessary information, unless mandatory law provides a longer period. We will reasonably investigate using Platform and third-party records.
7. Funding, Balances, and Refunds
7.1 Nature of Funds and Balances
Account funding, plans, discount packages, and other prepayments are advance consideration for the Service. They may be used only to pay service charges and are not bank deposits or cash accounts available for withdrawal. Balances do not earn interest and may not be transferred, sold, or withdrawn, unless mandatory law provides otherwise.
7.2 Refunds
Except where mandatory law requires, a purchase page expressly promises, or we agree in writing, funded, purchased, promotional, or consumed balances and plans are generally non-refundable, including where:
- service resources have already been requested, consumed, or reserved;
- a request is based on mistaken purchase, changed business needs, dissatisfaction with model quality, or user configuration;
- experience changes because of a provider, network, policy, moderation, rate limit, downgrade, or outage;
- charges arise from account sharing, leaked credentials, code errors, retries, or concurrency;
- the account is restricted or terminated for violating these Terms, geographic restrictions, or third-party policies; or
- there is fraud, cash-out activity, arbitrage, chargeback abuse, malicious refund activity, or a false claim.
If a verified Platform-system error caused a duplicate or clearly incorrect charge, we may reverse the balance entry, provide service credit, or refund through the original payment method. Nothing in these Terms limits a non-waivable consumer cancellation, refund, or other statutory right.
7.3 Risk Controls and Balances
We may temporarily freeze an account and unconsumed balance where there is a reasonable risk involving fraud, chargeback, geographic violation, security incident, complaint, investigation, or debt. If a breach is confirmed, we may apply the balance to unpaid charges, refund costs, or substantiated loss to the extent permitted by law. Any remainder will be handled under applicable law and published rules.
8. Risk Controls, Restrictions, and Termination
8.1 Risk-Control Measures
Where we identify or reasonably suspect abnormal registration or login, geographic circumvention, bulk accounts, proxy switching, credential sharing, artificial traffic, attacks, fraud, infringement, chargebacks, arbitrage, sanctions risk, or another violation, we may:
- request additional information or renewed identity or location verification;
- restrict frequency, quota, models, endpoints, IP addresses, regions, or payment methods;
- block requests, disable credentials, pause funding, or freeze balances;
- suspend, restrict, or terminate any part of the Service;
- prevent re-registration or use through associated accounts; and
- preserve minimum necessary evidence and lawfully cooperate with an investigation.
8.2 Suspected Access from Mainland China
If IP address, device, payment source, login behaviour, account relationships, or other signals reasonably indicate that you may be in or accessing from Mainland China, or supplying the Service there, we may immediately block access and require verification. We may terminate the account if you refuse verification, cannot reasonably establish eligibility, or have attempted circumvention.
Location controls can produce errors. You may request review through support and provide reasonable evidence that does not unnecessarily disclose sensitive information. Restrictions may remain during review, and we do not guarantee permanent availability in any region.
8.3 Service Interruption
To the extent permitted by law, we are not liable for interruption, restriction, or termination caused by provider changes, model withdrawal, cloud or payment failure, network outage, attack, security maintenance, regulatory or judicial action, sanctions, export controls, force majeure, or another event beyond our reasonable control.
8.4 Effect of Termination
Termination does not affect accrued charges, debts, claims, intellectual-property rights, confidentiality, indemnities, limitations of liability, dispute provisions, or terms intended to survive. You must export available records before termination. The Platform is not required to restore request or response bodies.
8.5 Beta and Preview Features
A feature labelled Beta, Preview, test, experimental, or similar may be incomplete, unstable, changed, or discontinued at any time. It must not be used for production-critical, high-risk, or legally reliability-dependent activity. Except for obligations that cannot lawfully be excluded, we make no additional warranty for such a feature.
9. Third-Party Services
9.1 Third-Party Dependencies
Model capability, response time, output, filtering, availability, context limits, rate limits, pricing, and data processing may depend on third parties. Those parties are not the Operating Team's employees or agents, and the Operating Team does not control their conduct, systems, or policies.
9.2 Third-Party Terms
You must comply with the terms, acceptable-use rules, content policies, age restrictions, and geographic restrictions of each model and related third party. If a third-party rule is more restrictive, that stricter rule applies to the affected third-party service.
A third party may reject requests, filter outputs, change models or APIs, impose rate limits, block access, increase prices, or discontinue service. The Platform may consequently change routing, model labels, pricing, or availability but does not become the guarantor of third-party conduct or output.
9.3 Third-Party Links and Transactions
The website may include third-party links, payment tools, or integrations. Your transactions and disputes with a third party are between you and that third party unless we expressly act as seller or mandatory law provides otherwise.
10. Intellectual Property
10.1 Platform Rights
The website, systems, code, API design, documentation, trademarks, branding, graphics, text, layout, and interaction design are owned by or licensed to members of the Operating Team or the relevant rights holder. These Terms grant only a limited right to use the Service and transfer no ownership or intellectual-property right.
Without written permission, you must not copy, modify, sell, rent, mirror, decompile, disassemble, reverse engineer, or otherwise commercially exploit those materials, except where applicable law expressly permits and does not allow contractual restriction.
10.2 User Content and Model Outputs
You retain lawful rights you already hold in User Content. Ownership and protectability of model output may depend on provider terms, source material, and applicable law. The Platform does not transfer rights it does not own and does not guarantee that an output qualifies for copyright, trademark, patent, or other protection.
10.3 Brand Protection
Without written permission, you must not use "Qingyun TOP," "TOP API," Platform domains, logos, or similar marks to advertise, impersonate, confuse, suggest endorsement, register rights, or mislead another person.
11. Disclaimers, Liability, and Indemnity
11.1 Disclaimers
To the fullest extent permitted by law, the Service is provided "as is" and "as available," and all express, implied, and statutory warranties are disclaimed, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and continuous availability.
The Platform does not warrant that:
- user requests are lawful, truthful, secure, or properly authorised;
- model outputs are accurate, complete, original, lawful, safe, or fit for use;
- third-party services will remain available or their rules will remain unchanged;
- every request will succeed, be timely, or be treated consistently; or
- the Service satisfies a particular industry's compliance or certification requirements.
11.2 Responsibility for Requests and Responses
Requests reflect users' intentions, and responses are automatically generated by third-party models. Except for liability the Platform must bear for its own conduct under mandatory law, providing automated access, routing, billing, or transmission does not make the Platform the author, publisher, professional adviser, or guarantor of requests or responses.
You may not claim Platform approval or participation merely because a request was transmitted, a model returned a response, or the Platform did not review or block content.
11.3 Excluded Losses
To the fullest extent permitted by law, the Operating Team and its members are not liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, revenue, goodwill, data, opportunity, anticipated savings, or business continuity, whether based on contract, tort, warranty, strict liability, or another theory and whether or not advised of the possibility.
11.4 Liability Cap
To the fullest extent permitted by law, the aggregate liability of the Operating Team, its members, personnel, contractors, and affiliates arising from the Service will not exceed the total service fees you actually paid through the Platform for the directly affected Service during the 12 months before the event giving rise to the claim. If you paid no relevant service fee, the aggregate cap is USD 50 or its equivalent.
This section does not exclude or limit liability that applicable law prohibits from being excluded or limited, including liability for fraud, wilful misconduct, or, where legally non-excludable, gross negligence, death, or bodily injury. Where a jurisdiction disallows a particular exclusion or limitation, it is ineffective only to that extent.
11.5 Your Indemnity
To the extent permitted by law, you will defend, indemnify, and hold harmless the Operating Team, its members, affiliates, partners, third-party providers, personnel, and contractors against third-party claims, investigations, penalties, judgments, settlements, reasonable legal fees, and direct losses arising from:
- a breach by you or your downstream user of these Terms, service-specific rules, or third-party policies;
- unlawful, infringing, or unauthorised User Content, request purposes, output use, or external services;
- unlawful processing of personal data or restricted data, or a non-compliant international transfer;
- circumvention of geographic restrictions, sanctions, export controls, moderation, authentication, rate limits, or billing; or
- use by your account, application, staff, contractors, customers, or end users.
We will provide reasonable notice of a claim where practicable and permit your participation in the defence where our legitimate interests are protected. You must not settle a matter in a way that requires us to admit liability, assume an obligation, or pay an amount without our written consent.
12. Notices, Changes, and Future Transfer to a Company
12.1 Notices
We may provide notice through the website, dashboard, in-product messaging, registered email address, or another reasonable electronic method. Notice is effective when posted or sent unless mandatory law requires a different method or period. You must keep contact information current and review notices.
12.2 Changes to These Terms
We may update these Terms because of changes to the Service, law, third-party policies, or operations. Material changes will be reasonably highlighted and take effect on the published date. Continued use after that date constitutes acceptance. If you disagree, you must stop using the Service and close your account before the change takes effect.
12.3 Incorporation and Transfer of the Service
Members of the Operating Team may later establish or designate a duly formed entity and propose that it become the operator, contracting party, merchant of record, or data controller for the Service. An entity that has not yet been formed or formally designated is not responsible for obligations arising before the transfer date.
After the entity is formed and designated, the Operating Team may, to the extent permitted by law:
- assign or transfer these Terms and relevant service assets to the new company;
- request your consent to a novation or replacement agreement where required;
- update payment, invoice, privacy, contact, and registration information; and
- specify the effective date on which the new company assumes future service obligations.
We will provide reasonable notice identifying the entity's full legal name, registration number, registered address, and transfer date. No transfer will retroactively release an Operating Team member or another actual responsible party from liability accrued before the transfer date unless a valid novation, release, or applicable law expressly provides so.
12.4 Other Assignments
You may not transfer rights or obligations under these Terms without written consent. The Operating Team may transfer the Service through an asset sale or lawful business migration, subject to required notice and non-waivable user rights.
13. Governing Law and Disputes
13.1 Governing Law
These Terms and any non-contractual obligations arising from them are governed by the laws of the jurisdiction having the closest genuine connection to the Operating Team's principal operational activities and the relevant dispute, excluding its conflict-of-laws rules. A consumer retains any mandatory protection of the law of the consumer's habitual residence that cannot lawfully be waived by contract.
13.2 Informal Resolution and Courts
Before filing a claim, each party will attempt in good faith to resolve the dispute through the contact details below. If the dispute is not resolved within 30 days after written notice, it will be handled by a court of competent jurisdiction where the Operating Team's principal operational activities take place, except where a consumer has a non-waivable right to bring a claim elsewhere. Because these Terms do not identify a specific jurisdiction, the certainty and enforceability of this provision may be limited.
Each party's claims should be brought on an individual basis and not on behalf of another user, but only to the extent such a restriction is lawful and enforceable.
14. General Terms
14.1 Entire Agreement
These Terms and incorporated policies are the entire agreement between you and the Operating Team concerning the Service and replace earlier oral or written arrangements concerning the same subject.
14.2 Severability
If a competent authority finds a provision invalid, unlawful, or unenforceable, it will be modified or severed only to the minimum extent necessary, and the remaining provisions will continue in effect.
14.3 No Waiver
A failure or delay in exercising a right is not a waiver. Action or inaction regarding one breach does not waive rights regarding another or later breach.
14.4 Headings and Interpretation
Headings are for convenience only. "Including" means "including without limitation." Every disclaimer, limitation, and reservation of rights applies only to the extent permitted by applicable law.
14.5 Language
The Platform may publish these Terms in multiple languages. The English and Chinese versions should be maintained consistently. If a controlling language is designated on the website, that designation applies only to the extent permitted by mandatory law. A translation must not reduce a user's non-waivable rights.
14.6 Complaints, Reports, and Rights Notices
If you believe that the Service infringes intellectual property, privacy, or another lawful right, or you identify unlawful, false, dangerous, or prohibited use, you may submit a description, relevant link, request ID, proof of rights, and necessary contact information through the channels below. We will reasonably assess the notice and take appropriate action, but are not required to process a notice that is manifestly unsupported, duplicative, or abusive.
14.7 Contact Information
Questions about these Terms, accounts, billing, or compliance may be sent through:
- Online support: sign in and select "Contact Us";
- Email: qingyuntop@126.com; and
- Public operating name: Qingyun TOP API International Team.
Where applicable law requires identification of a payment recipient, data controller, address for service, or other legally required information, the Platform will provide it through a legal notice, payment page, transaction record, or another appropriate method.